Lawyers in Florida Answering Questions About Bankruptcy
How long will Bankruptcy stay on my credit report?
While bankruptcy remains on your credit report for ten years, you are usually able to reestablish your credit in much less time. You can usually reestablish within 1-3 years. You can apply for secured credit cards after filing for bankruptcy which will help in reestablishing their credit.
Does my bankruptcy filing affect my spouse?No. As long as there was no joint debt the non-filing spouse's credit will not be affected. If there is joint debt, only the filing spouse's obligation will be discharged and the non-filing spouse will remain responsible for the entire debt.
Are student loans discharged in a bankruptcy proceeding?
Educational loans guaranteed by the United States government are generally not discharged by a bankruptcy. They may be dischargeable; however, if the court finds that paying off the loan will impose an undue hardship on the debtor and his or her dependents. In order to qualify for a hardship discharge, the debtor must demonstrate that he or she cannot make payments at the time the bankruptcy is filed and will not be able to make payments in the future. A Hardship discharge of student loans is rarely granted.
Will Bankruptcy stop wage garnishment from an unsecured creditor?
Yes. The wage garnishment will stop once the bankruptcy case is filed and the automatic stay takes effect. The garnishment will continue until the bankruptcy is filed.
Do I have to go to a court hearing before a judge?
No. There is a hearing, called the 341 meeting of the creditors, where a trustee asks you questions.
Do I have to be a United States citizen to file for bankruptcy?
You do not have to be a US citizen or resident in order to file for bankruptcy.
Will the filing of bankruptcy affect my immigration status?
The filing of a bankruptcy does not affect your immigration status but you should consult with your immigration attorney if you are considering filing for bankrupycy.
Get Answers to Your Bankruptcy Questions
To schedule a free consultation with an experienced bankruptcy lawyer, contact the Law Office of Henry Hernandez today.
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